Extracted from the PDF above. The PDF is authoritative.
APHC010171512025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8983/2025 Between: Sri Resapu Srinivasa Reddy, and Others ...PETITIONER(S) AND Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. B V KRISHNA RAO Counsel for the Respondent(S):
1. The Court made the following:
ORDER
The above writ petition is filed to declare the action of respondents 2 to 4 in disposing of the representation/notice dated 23.01.2025 issued on behalf of the petitioner, as illegal and arbitrary. 2. The petitioner made a representation dated 23.01.2025 (Ex.P1) to the respondents 2 to 4 to take immediate action, as per Rule 152(1)(i) of the Petroleum Rules, 2002, as the licence of M/s Indian Oil Corporation
Limited, bearing No.P/SC/AP/14/3134 (P64072) and Form-G of Gas Cylinders Rules, 2016 bearing No.G/SH/AP/07/38 (G77811) of outlet located in T.S.No.3, Waltair Road, Resapuvanipalem, Visakhapatnam City, stood cancelled. Since the respondents 2 to 4 have not disposed of the representation of the petitioner, the above writ petition is filed. 3. Heard Sri M.Ravindranath Reddy, learned senior counsel assisted by Sri B.V.Krishna Rao, learned counsel for the petitioner and Sri V.Venkata Nagaraju, learned counsel for respondents 1 to 4. 4. As seen from the endorsement on the docket of the writ affidavit, the writ petition was served on the learned counsel for respondents on 02.04.2025, and thereafter the writ petition was listed today. 5. Rule 7 of the Writ Proceedings Rules, 1977 prescribes the procedure regarding service of papers on the Government Pleader or the Standing Counsel concerned. Rule 8 of the Writ Proceedings Rules, 1977 envisages the issuance of notice or passing of interim orders. Rule 8 (a) of the Writ Proceedings Rules, 1977, which is relevant, is extracted herewith:
“8 (a) Every petition or application shall soon after it is numbered, be posted for orders of the Court as to issue of rule nisi or notice to the respondents. The Court may, upon hearing the petitioner or applicant or his advocate, either direct rule nisi or notice to issue and pass such interim orders as it may deem necessary, or reject the petition or application.
Provided that an application for an interim order shall not be posted for orders of court under this sub-rule, unless a period of not less than forty eight hours elapsed between the service of the copy of such application in
accordance with Rule 7(a) on the Government Pleader or the Standing Counsel concerned.”
6. In the case at hand, as noted supra, the petitioner served the papers on the learned counsel for respondents on 02.04.2025 and thereafter the writ petition is listed today. The prayer sought by the petitioner is to dispose of the representation dated 23.01.2025 (Ex.P4). Ex.P5 postal receipts and Ex.P6 postal track report make it clear that notice/representation (Ex.P4) was received by the respondents 2 to 4. In the facts and circumstances, since the relief sought is ingenious, no keeping the writ petition pending further, no purpose will be served. 7. Given the facts and circumstances, the Writ Petition is disposed of at the admission stage, with the consent of both the counsel, directing the respondents 2 to 4 to dispose of the representation/notice dated 23.01.2025 (Ex.P4) issued by the petitioner strictly as per the Rules, if necessary by issuing notice to the affected parties. The said exercise shall be completed within eight weeks from the date of receipt of a copy of this order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD